Goldwater v. Carter
United States Supreme Court
444 U.S. 996 (1979)
President Carter (defendant) unilaterally terminated a defense treaty with Taiwan in order to establish relations with the People's Republic of China; Senator Goldwater and other senators (plaintiffs) sued, arguing that because treaty ratification requires two-thirds Senate approval, treaty termination should likewise require Senate approval. The district court agreed and required congressional approval, but the court of appeals reversed, finding unilateral termination within presidential authority; the Supreme Court granted certiorari.
Whether the constitutionality of a president's unilateral rescission of a treaty, without Senate involvement, presents a justiciable question for the courts to resolve.